- 11 U.S.C.
In re Moore
Dec
14
2006
Ruling
Credit counseling obtained on petition date prior to filing was acceptable.
Procedural posture
The chapter 13 and United States trustees filed motions, pursuant to 11 U.S.C. § 109(h)(1), to dismiss the debtors' chapter 13 and 7 cases.
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Court
:
- 11 U.S.C.
Gargula v. Thompson (In re Thompson)
Dec
04
2006
Ruling
Bankruptcy court properly struck chapter 13 petition which failed to allege that debtors had reecived timely credit counseling.
Procedural posture
The bankruptcy judge struck appellees', debtors, chapter 13 bankrputcy petition because debtors failed to allege in the petition that they had received credit counseling within 180 days of the filing as required by the Bankruptcy Act, 11 U.S.C. § 109(h)(1). Appellant United States Trustee moved the bankrputcy court to reconsider, but the bankruptcy court denied the motion to reconsider, and the trustee appealed.
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Court
:
- 11 U.S.C.
In re Swiatkowski
Nov
16
2006
Ruling
Case dismissed due to debtor's failure to obtain credit counseling or file a timely, legitimate request for exemption.
Procedural posture
The chapter 13 trustee filed a motion to dismiss the debtor's case on the ground that the debtor was not eligible to be a debtor pursuant to 11 U.S.C. § 109(h)(1) because of his failure to comply with the credit counseling requirement. Although other matters were pending, the court's disposition of the motion to dismiss obviated the need to consider these other matters.
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Court
:
- 11 U.S.C.
In re Gindberg
Nov
13
2006
Ruling
Error of debtor's attorney in failing to be aware of credit counseling requirement resulted in dismissal.
Procedural posture
A debtor was directed to show cause why her case should not have been dismissed for failure to comply with the credit counseling requirement imposed by 11 U.S.C. § 109(h)(1) of the Bankruptcy Code.
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Court
:
- 11 U.S.C.
In re Lackey
Sep
14
2006
Ruling
Reconsideration of dismissal for failure to comply with credit counseling requirements of BAPCPA denied.
Procedural posture
Debtor, pro se, filed a motion to reconsider the court's order dismissing his chapter 13 case based on his failure to obtain a prepetition, budget and credit counseling briefing, and based on his ineligibility to obtain a postponement or waiver of that requirement.
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Court
:
- 11 U.S.C.
Bogedain v. Eisen
Aug
24
2006
Ruling
"Family farmer" filing under chapter 12 was an individual and subject to credit counseling requirements.
Procedural posture
Appellant debtor filed a petition for chapter 12 bankruptcy relief. The debtor moved for an order waiving, based on exigent circumstances, the prefiling credit counseling required by 11 U.S.C. § 109(h)(1). Initially and on reconsideration, bankruptcy court denied the debtor's motion. The debtor appealed.
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Court
:
- 11 U.S.C.
In re Reyes
Aug
18
2006
Ruling
Chapter 13 case dismissed due to debtor's failure to obtain credit counseling or to establish exigent circumstances to justify a waiver.
Procedural posture
A debtor was required to appear and show cause why her chapter 13 bankruptcy case should not have been dismissed for failure to obtain the consumer credit counseling briefing required by 11 U.S.C. § 109(h)(1).
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Court
:
- 11 U.S.C.
In re Hess
Aug
14
2006
Ruling
Exemptions from prepetition credit counseling requirement granted where debtors had attempted to comply in good faith.
Procedural posture
Two debtors each filed a bankruptcy petition subject to the Bankruptcy Abuse Prevention and Consumer Protection Act without the proof of prepetition credit counseling required by 11 U.S.C. § 109(h)(1). The trustee in bankruptcy moved to dismiss the second of the two petitions. The court issued orders to show cause why the petitions should not be dismissed.
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Court
:
- 11 U.S.C.
In re Glover
Jun
19
2006
Ruling
Petition filed by debtor who did not obtain credit counseling did not commence a case.
Procedural posture
The United States Trustee filed a motion to dismiss a debtor's bankruptcy case for failure to comply with 11 U.S.C. § 109(h)(1).
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Court
:
- 11 U.S.C.
In re Racette
May
17
2006
Ruling
Court denied debtor's motion to strike petition in their prior case since it was properly dismissed, rather than declared a nullity, for failure to comply with section 109(h)(1).
Procedural posture
On April 5, 2006, the court entered an order dismissing the debtors'prior case effective April 4, 2006. The reason for the dismissal was the debtors'failure to comply with the pre- petition credit counseling requirement under 11 U.S.C. § 109(h)(1). Also on April 4, 2006, the debtors filed the instant case. The debtors filed a motion asking the court strike the prior 2006 petition.
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Court
: